TERMS AND CONDITIONS / PRIVACY POLICY
Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights, remedies, and obligations and in using this website you are deemed to have read and agreed to the following Terms and Conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any or all Agreements: “Client”, “Member”, “Visitor”, “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us” refers to our Company (Climb Society Folsom, LLC.). “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, either the Client or Ourselves. All terms refer to the offer, acceptance or consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect to the Company’s stated services and products, in accordance with and subject to prevailing California Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. The Climb Society Folsom, LLC website allows users to receive information about Climb Society Folsom, LLC, as well as book, cancel, and pay for services and products offered at Climb Society Folsom, LLC facilities. The services offered by Climb Society Folsom, LLC include but are not limited to the www.climbsocietyfolsom.com website, which is hosted in the United States.
PRIVACY STATEMENT
We at Climb Society Folsom, LLC are committed to protecting your privacy. This privacy policy outlines the type of information we receive and collect when you use the features on our website as well as some of the steps that we take to safeguard the information. Please read this privacy policy before using this site or submitting your personal information. By using this site you are accepting the practices described in this privacy policy.
COLLECTION OF INFORMATION
We collect personally identifiable information, such as names, postal addresses, email addresses, credit card information and etcetera when it is voluntarily submitted by our members and/or visitors. It is important for you to protect against unauthorized access to your password and to your computer. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. Please be sure to sign off when you are finished using a shared computer. Registration of minors (ages 14-18) must be completed in person at our studio with a parent or legal guardian present. In the event that we learn any personal information has been submitted to the website by a child under the age of 14, we will delete that information as quickly as reasonably possible. Climb Society Folsom, LLC does not seek or share personal information from minors through this website.
If you are between the ages of 14 and 17, you may register on our website only with the involvement of a parent or guardian as well as a waiver signed in person at one of our Climb Society Folsom, LLC locations.
Your personally identifiable information is kept secure. Only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. All emails and newsletters from this site allow you to opt out of future marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information, including the use of firewalls and secure sockets layer software where appropriate.
Climb Society Folsom, LLC reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you visit Climb Society Folsom, LLC or send emails to us, you are communicating with us electronically, and therefore consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CANCELLATION AND BOOKING POLICIES
In order to cancel a Climb Society Folsom, LLC class, you may cancel online or by calling the studio NO LATER THAN 12 hours prior to your scheduled class. Once your class is canceled by this time, it will be returned to your account. If you have not canceled your class by the 12-hour window, the online system will not permit you to do so. Cancellations via electronic mail (email), Facebook messenger, Instagram, or text message will not be taken and you will be charged.
You can cancel your reservation in the following ways:
Climb Society Folsom, LLC Folsom 916-260-5795
If you cancel a climb class past the 12-hour window you will be charged a late fee. For auto-pay memberships, you will be assessed a $15 fee. For class-pack members, a session will be marked as used.
If you cancel a cryotherapy appointment past the 12-hour window you will be charged a l$34.00 late fee. If you no-show an appointment, you will be charged a no-show fee of $45.00.
If you book multiple classes or waitlist multiple classes, you are solely responsible for canceling your classes within the bounds of the cancellation policy. Climb Society Folsom, LLC staff cannot be held responsible for accidental bookings by clients or double bookings or double waitlisted classes made by clients. Late cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
If you add yourself to a waitlist, YOU are solely responsible for managing your bookings and for canceling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as other clients with confirmed spots cancel and towers will be assigned as such. Climb Society Folsom, LLC staff cannot move towers for clients in classes that are completely full with wait lists.
Please be aware that we release towers EXACTLY five minutes prior to the start of class to those on the waitlist. If you are running late, please CALL the studio and speak to the front desk to assure we hold your tower. Climb Society Folsom, LLC staff will add walk-in waitlisted clients in the order in which they were added to the waitlist by the computer system, top to bottom, and EXACTLY 5 minutes prior to the start of class. There is no wait list priority given for early arrival. Clients who are already enrolled with a confirmed spot in a waitlisted class will only be permitted to switch towers AFTER the wait list has been filled.
You MUST SIGN IN next to your name upon arrival. If you do not sign in, we may release your tower to another guest 5 minutes prior to the start of class. DO NOT ASSUME THE FRONT DESK STAFF KNOWS YOU ARE IN ATTENDANCE.
PACKAGE PURCHASES AND CREDIT CARDS ON FILE
By purchasing a package from Climb Society Folsom, LLC, you agree to our terms and conditions in full. Packages cannot be shared between clients. Unlimited and auto debit contract clients are required to keep a credit card on file. If a client holding an unlimited or auto debit package does not keep a card on file, their contract will be terminated and the package will not renew if holding an auto debit package. If a client on an unlimited or auto debit contract either cancels late or does not show to class, and no credit card is on file, the package will be reduced by one day and the auto debit contract suspended.
Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will, in fact, activate your package. Climb Society Folsom, LLC staff will not adjust or extend special packages due to waitlisted classes or accidental bookings through the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Clients purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.
Clients may elect to keep a credit card on file using their Climb Society Folsom, LLC account online. By placing a card on file, the cardholder and account holder gives permission to the Climb Society Folsom, LLC staff to charge the card for any auto debit packages and/or cancellation fees accrued in accordance with the Climb Society Folsom, LLC cancellation.
AUTO DEBIT CONTRACTS
The following terms and conditions apply if you are enrolled in an unlimited auto-debit contract:
I, the Client, authorize Climb Society Folsom, LLC to, on a recurring basis, automatically charge the debit or credit card account I specified, for monthly payments due on my unlimited auto-debit plan associated with my account. I understand that Climb Society Folsom, LLC will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on my auto debit contract and/or in connection with cancellation fees according to the Climb Society Folsom, LLC cancellation policy. Climb Society Folsom, LLC will initiate charges each month on the date my contract is set to renew.
Climb Society Folsom, LLC may discontinue processing of recurring charges if the Company is unable to secure funds from my debit or credit card I have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information I provided. I understand that the Climb Society Folsom, LLC booking system allows for booking through the week regardless of the renewal date of my contract. I understand that if I am booked in classes past the date of renewal, and my credit or debit card fails to bill properly, I will be removed from any classes past the renewal date and notified via electronic mail. I understand that if I am removed from class due to the circumstances as described, it may not be possible to place me back into the class for which I was originally booked and that I will not be given any priority in waitlisted classes. I also understand that it is my responsibility to keep my card on file current and my billing address and zip code accurate. Climb Society Folsom, LLC cannot be held responsible for errors in processing due to expired or inaccurate information.
HEIGHT REQUIREMENT
Members must be 4’11” at a minimum to participate in classes at Climb Society Folsom, LLC.
WHAT TO EXPECT IN CLASSES AT CLIMB SOCIETY FOLSOM, LLC
Climb Society Folsom, LLC conducts high intensity, choreographed, cardio and strength training classes on The Summit Power Tower, by Synergy Air. Please be aware that temperatures may reach 85° in certain classes. Music will be played which may contain explicit language. If you are sensitive to heat or explicit music, please check with our front desk staff to find the right instructor to meet your needs.
WAIVER AND RELEASE
By signing up for and/or attending Climb Society Folsom, LLC classes, activities and other programs, and using Climb Society Folsom, LLC premises, facilities, and equipment (collectively, Classes and Facilities), you hereby agree that there are certain inherent risks and dangers in the climbing and exercise and in using indoor cycling/climbing and exercise equipment in association with the Classes and Facilities. In consideration of being allowed to participate in and access the Classes and Facilities provided by Climb Society Folsom, LLC, in addition to the payment of any fee or charge, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) waive, release and forever discharge Climb Society Folsom, LLC, its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of the Classes and Facilities, and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of Climb Society Folsom, LLC Classes and Facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. Climb Society Folsom, LLC hereby advises you that individuals with any chronic disabilities or conditions are at risk in using Climb Society Folsom, LLC Classes and Facilities, and are advised against doing so. In addition, if in the opinion of Climb Society Folsom, LLC staff, you would be at physical risk using Climb Society Folsom, LLC Classes and Facilities, you will be denied access to Climb Society Folsom, LLC and its Classes and Facilities until you furnish Climb Society Folsom, LLC with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Climb Society Folsom, LLC concerns, and stating that Climb Society Folsom, LLC concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the Classes and Facilities of Climb Society Folsom, LLC. Climb Society Folsom, LLC reserves the right to refuse service at its discretion.
INTELLECTUAL PROPERTY RIGHTS
“Climb Society Folsom, LLC”, mark and other graphics, logos, designs, page headers, button icons, scripts are service marks, trademarks, and/or trade dress of Climb Society Folsom, LLC Inc. and may not be used by you for any other reason other than as expressly permitted by these terms. You have the right to view, electronically copy, and print in hard copy portions of this Website for the sole purpose of making class reservations or other personal use. Any other use of the materials on this Website without the prior written permission of Climb Society Folsom, LLC is strictly prohibited.
DISCLAIMERS
IN NO EVENT SHALL CLIMB SOCIETY FOLSOM, LLC ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CLIMB SOCIETY FOLSOM, LLC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CLIMB SOCIETY FOLSOM, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Choice of Law of this Website, and your use thereof is governed by the laws of the State of California, without regard to California’s choice of law provisions, and any claim arising from your use of this website must be brought in California.
Climb Society Folsom, LLC may revise these terms and conditions by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.